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HomeMy WebLinkAbout11 107 Tiverton Agricultural Society Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE sio KBT • I r E3 -71 BYLAW NO. 2011-107 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE TIVERTON AGRICULTURAL SOCIETY FOR THE MAINTENANCE AND INSURANCE OF THE GAZEBO AND GATE POSTS AT THE TIVERTON FAIRGROU NDS (61 Ross Street) • WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with the Tiverton Agricultural Society for the maintenance and insurance of the gazebo and gate posts at the Tiverton Fairgrounds; NOW THEREFORE the Council of The Corporation of the Municipality of • Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with the Tiverton Agricultural Society for the maintenance and insurance of the gazebo and gate posts at the Tiverton Fairgrounds, in accordance with the terms and conditions outlined in the agreement attached hereto as Schedule 'A' and forming part of this by -law. 2. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the agreement with the Tiverton Agricultural Society, attached hereto as Schedule 'A' and to affix the corporate seal. 3. That this by -law shall come into full force and effect upon its final passage. 4. That this by -law may be cited as the "Tiverton Agricultural Society • Agreement By -law ". I � Page 2 Tiverton Agricultural Society Agreement By -law" By -law No. 2011- 107 READ a FIRST and SECOND TIME this 10 day of August, 2011. • 1 I Baw.a" { wa bauga(i� o Clerk 0a READ a THIRD TIME and FINALLY PASSED this 10 day of August, 2011. y , Qs.,.wo,_ Motu' C Mayor Clerk • III • 411 1 141---This AGREEHffiNT made the 7 day of 2011. BETWE13N: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part. - and - TIVERTON AGRICULTURAL SOCIETY hereinafter Bled the "Society" of the Second Psrt. WHEREAS the Municipality and the Society wish b enter into an agreement for the maintenance and insurance of the gazebo and gate posts, located on the Tiverton Fairgrounds located at 61 Ross Street. Tiverton, Ontario; AND WHEREAS both pates support community facility development as an important part for Community development NOW THEREFORE THIS AGREEMENT WITNESSETH THAT In consideration of the mutual covenants and agreements hereinafter contained, and subject to the tarns and conditions hereinafter set out, the parties Was as blows: 1. Ira 1.1 The term of the lease shall be for one year, with an option to renew for a further five years. 1.2 This lease agreement 10 be in effect as of June 1' 2011 to June 1, 2012. 2 SPACE TO BE L EASED 2.1 The entire area outlined on the attached Schedule 'A'. The Municipality agrees to authorize the Society to locate their gazebo and gate posts on municipal property. The Municipality wtll ensure that a survey is done to ensure that the gate posts are placed on Municipality of Kincardine property. 2.2 The Society shad agree b3 undertake the following: - The Society agrees to build a gazebo and gate posts In accordance with good construction pace. - The cost of the conebuctlon projects and all other contactual obligations shall be bome by the Society. - The Society wd l contact the Recreation Director of the Munir:balky for any issues arising out of this agreement - The Society wit be responsible for all costs associated with the I I gazebo and done posts over the course of 0* agreement. 2.3 The Society wM continue to communicate with the Recreation Director on the construction of the gazebo and gate posts. The Sodety's gazebo and gate posts contractor shall provide the MunidpeIy with a certificate of insurance and proof of W.S.I.B: coverage Pry to engaging in construction pastime. In the event that the Contractor or any sub-contractor is not paid, the Society stall forfeit this land use agreement and be responsible for financial restitution of ant outstanding costs. Upon restitution of financial issues, the land use agreement will be reinstated. 3. MAINTENANCE 3.1 Maintenance of both the gazebo and gate posts shad be the responsibfl ty of the Society. 4. INSURANCE 4.1 The Society shall put in effect and maintain in Its name, at its expense, ant the necessary insurance that would be considered appropriate for a prudent group undertaldg this type of operation for the period during whidh the agreement is to effect with insurers acceptable to the Municipality, including: (a) Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an Inclusive limit of not less than Two Mon Dollars (12,000,000.00) per occurrence. The policy shall include: 1. The Corporation of the Municipality of Kincardine as an additional knaured 2. Cross Liability 3. Contractual Lfadlity 4. Tenant's Legal Liability 5. Contents coverage on a replacement cost basis for all property owned by the Tenant 6. A thirty (30) day written notice of cancellation (b) The Society shall provide the Municipality with a valid Certificate of insurance as abidance of the above coverage upon signing the agreement. The Society shall provide the Munkipality with any renewal replacement cedificates as may be necessary during the term of the agreement 5. TERMINATION UPON NOTICE 5.1 Either party to this agreement may, with three months written notice of intent, dissolve the agreement 5.2 Notice with regard to this agreement shag be delhrxed to: - Munidpaly of Kincardine care of Recreation Director at 1475 Concession 5, RR 15, Kincardine, ON N2Z 2X6 - Tiverton Agric uNwl Society care of Club President at the current address provided by the Tenant on a yeady basis. N WITNESS WHEREOF the Municipality has hereto afibaud Its corporate seal attested by the hands of its Mayor and CAO this 10 day of 2011. The Tenant has hereunto set their hand this 10 day of plc 2011. SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE in the presence of -� .er / �_ ; . ■ TIVERTON AGRICULTURAL SOCIETY 141,44 CrAnd Witness ) President ) 1 HAVE THE Anlmdty to bind tie Organization II